특정범죄가중처벌등에관한법률위반(위험운전치사상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. Summary of grounds for appeal;
A. The crime of death in dangerous driving, which is punished by Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes by the Prosecutor, does not include a blood alcohol concentration above a certain level. In addition, in full view of the circumstances of traffic accident, the defendant's drinking, the time of the accident, the defendant's situation immediately after the accident, etc., the defendant can sufficiently be recognized that it was difficult for him to drive normally due to the influence
Nevertheless, the judgment of the court below which acquitted the defendant on the charge of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving) on the ground that there is a lack of evidence to prove that the defendant had such status, was erroneous and adversely affected
B. The lower court’s sentence is too too unreasonable.
2. Judgment on the prosecutor's assertion of mistake of facts
A. On September 5, 2012, the Defendant: (a) was under the influence of alcohol at around 02:10 per cent of alcohol concentration; (b) while driving a cargo vehicle while normal operation is difficult due to influence of alcohol, the Defendant neglected his/her duty of front-time drinking in the process of driving the two-lane road between the three-lane, resulting in a traffic accident involving the victim’s mathrife vehicle in front of the Defendant’s driving vehicle, waiting at the front-way in front of the vehicle, following the breath part of the frife vehicle.
Due to the above traffic accident (hereinafter referred to as the "traffic accident in this case"), the victim E, who is the driver of the damaged vehicle, suffered from the injury of climatic salt, etc. requiring approximately two weeks medical treatment.
Accordingly, the defendant was driving a motor vehicle in a state where normal operation is difficult due to influence of drinking, thereby causing the injury of people.
B. (1) The lower court’s determination is erroneous in its appraisal that the Defendant’s blood alcohol concentration at the time of the instant traffic accident reaches 0.239%.